In a significant victory for digital rights and freedom of expression, the High Court of Kenya has issued a conservatory order barring the government from carrying out any form of internet shutdown, throttling, or interference with digital communications until a key constitutional petition is heard and determined.
Justice Bahati Mwamuye, presiding over the case at the High Court, ruled on Wednesday, May 14, that the Kenyan government, the Communications Authority of Kenya, and all other relevant state actors are prohibited from shutting down or interfering with internet access. The judge emphasized that the decision is temporary, pending a full hearing of a petition filed by a coalition of seven civil society organizations.
Court Ruling Protects Internet Freedom Amid Growing Fears of Digital Authoritarianism
“Pending the full hearing and determination of the petition filed on May 13, the court hereby issues a conservatory order restraining the respondents, jointly and severally, from unlawfully causing, directing, enforcing, or implementing any wholesale shutdown, blockage, or denial of access to the internet,” the court ruling stated.
The ruling comes at a time when public concern over internet shutdowns in Kenya has been escalating. The petitioners—comprising local and international digital rights organizations—argue that Kenya is increasingly exhibiting traits of digital authoritarianism, especially during politically sensitive periods such as protests, national examinations, and upcoming elections.
Petition Cites Previous Government Disruptions
The petition highlighted two major incidents in 2024 as key examples of government overreach.
First, during the Gen Z-led anti-Finance Bill protests on June 25, 2024, Kenyans across the country reported a significant slowdown in internet speeds. Independent monitoring agencies confirmed that network performance dropped by as much as 40 percent, affecting major service providers including Safaricom, Airtel, and Telkom.
The petitioners argue that the throttling was not only unjustified but also deliberately orchestrated to suppress mass mobilization and restrict the public’s access to information.
“Then, on June 25, 2024, during the Reject Finance Bill protests, the Respondents unlawfully shut down the internet,” reads part of the court documents filed by the petitioners.
In a more covert incident, the Kenyan government allegedly blocked access to certain social media platforms during the Kenya Certificate of Secondary Education (KCSE) examinations in November 2024. This was reportedly done to prevent exam leakages. However, the move drew criticism due to the lack of transparency and official communication from authorities.
“The June shutdown coincided with an unprecedented attack on fundamental rights and freedoms, in which nearly 60 Kenyans succumbed to state agents,” the petitioners stated.
Growing Fear Over 2027 Elections
The civil society organizations behind the petition also expressed concern over the upcoming 2027 general elections, citing a real risk of internet shutdowns during sensitive political or civic moments, including protests, demonstrations, and exam periods.
They warn that unless judicial safeguards are put in place, the government may once again exploit its power to control digital access, stifling free speech and violating citizens’ constitutional rights.
“Internet freedom in Kenya is increasingly under threat from emerging forms of digital authoritarianism,” the petitioners warned. They further argued that unilateral actions by the state to limit access to digital platforms are unconstitutional and infringe on the rights to access information, freedom of expression, and peaceful assembly.
Court Orders Preservation of Evidence and Timeline for Hearings
In addition to restraining the state from interfering with digital infrastructure, Justice Mwamuye directed all respondents not to tamper with or destroy any evidence related to past internet disruptions. This includes logs, communications, directives, and internal correspondence that may reveal who authorized or facilitated the throttling or shutdowns.
The judge also set a clear legal timetable:
- The petitioners are required to officially serve the suit papers to the government and other involved parties by May 15.
- The respondents—including the Communications Authority of Kenya, the Ministry of Information, and other state agencies—must file their responses by June 10.
- The matter will then be mentioned in court on June 23 to confirm compliance and set further directions.
Broader Context: Internet Shutdowns Across Africa
Kenya is not alone in facing challenges related to internet freedom. Across Africa, governments have increasingly used internet disruptions as a tool for political control. In countries like Uganda, Ethiopia, and Sudan, internet blackouts have been deployed during elections, protests, and periods of political instability.
These actions have drawn condemnation from human rights organizations, tech companies, and foreign governments who argue that access to the internet is a basic right in the digital age.
The Kenyan case is being closely watched as a test for judicial independence and the protection of digital rights in Africa.
What’s Next?
This High Court ruling sends a powerful message: the Kenyan judiciary is willing to defend internet freedom and hold the government accountable for digital overreach.
If the petitioners succeed in their case, the final ruling could set a constitutional precedent preventing future internet shutdowns, even during times of national unrest or security crises.
For now, digital rights groups have welcomed the conservatory order as a vital step in safeguarding democracy in the digital age.
“This ruling is a win for all Kenyans. The internet is not a luxury; it is a lifeline. Shutting it down violates our rights and stifles civic engagement,” said one of the lead petitioners shortly after the ruling.
As the country moves closer to the 2027 elections, the spotlight will remain firmly on how Kenya balances national security with civil liberties and digital freedoms.